(713) 589-2085 Call now to schedule a consultation.

Current Trends in Provisional Waiver Processing Times

Posted on by Ruby Powers in Consular Processing, I-601 Waivers, I-601A Waivers, I-601A waivers, Immigration Law, Immigration Trends, Processing of Applications and Petitions Leave a comment

Powers Law Group, P.C.

October 3, 2016

By Board Certified Immigration Attorney Ruby L. Powers

Provisional Waiver Processing Times: Current Trends

At Powers Law Group, we have extensive experience in waivers in general  and have filed many successful provisional waivers since the program’s inception in March 2013 and look to have more filed with the recent program’s expansion from August 2016.

Currently, the provisional waiver process is taking about 18-24 months to complete from start to finish for a spouse-petitioner/qualifying relative case.  Below is a more detailed breakdown of the provisional waiver processing times:

  • Step 1: I-130 Petition for Alien Relative
    • 5-7 months, could take longer when demand increases from the expansion
  • Step 2: National Visa Center Part I
    • 1 month after approval to receive fee bills
  • Step 3: Provisional Waiver Filing
    • 7 months for adjudication
  • Step 4: National Visa Center Part II
    • 2-3 months for adjudication
  • Step 5: Visa appointment/Connect Waiver Approval with U.S. Consulate & Obtaining Visa
    • 1-3 months for notice of interview depending on the consular post

Please note that these times are estimates based off recent trends in government processing times and do not take into consideration attorney & client preparation. Although this may seem like a lengthy process, it is an investment in your future. Our clients have been grateful for our encouragement to complete the process because successful completion and return to the U.S. with a green card allows you to obtain work authorization, a Social Security number, and a driver’s license.  With a provisional waiver you can have the security and peace of mind that you are in legal status with a path towards citizenship.

Please call for a consultation if you would like a review of your case to see if you or a family member might qualify.


Immigration bill filed in Senate; opponents hope to use delays to kill it

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

By ,

A bipartisan group of lawmakers formally filed an 844-page immigration bill on the Senate floor early Wednesday, setting the stage for months of public debate over the proposal.

Leading Capitol Hill opponents of the proposal to overhaul the nation’s immigration systemare coalescing around a strategy to kill the bill by delaying the legislative process as long as possible, providing time to offer “poison pill” amendments aimed at breaking apart the fragile bipartisan group that developed the plan, according to lawmakers and legislative aides.

Read the bill

Gang of 8

 

Senate immigration proposal

Read the full text of the proposal, with key sections annotated by Washington Post reporters.

Should Congress create a path to citizenship?

Yes
53%

No
47%

CAST YOUR VOTE

Results from an unscientific survey of Washington Post readers

The tactics, used successfully by opponents of an immigration bill during a 2007 debate in the Senate, are part of an effort to exploit public fissures over core components of the comprehensive legislation introduced Tuesday by eight lawmakers who spent months negotiating the details.

The authors of the bill are considering whether to formally embrace it at a news conference Thursday, a move designed to build momentum for the plan. Conservative critics cautioned Tuesday that the legislative process must not be rushed.

An open process “is essential to gaining public confidence in the content of the bill. We know it’s complicated,” said Sen. John Cornyn (Tex.), the top GOP member on the Senate Judiciary Committee’s immigration subcommittee. “I can’t see any reason to undermine confidence by trying to jam it through without adequate time for people to read it and to hear from their constituents.”

Cornyn aides said the senator is not necessarily against the bill. They said he is encouraged by the bipartisan progress but wants adequate time for debate.

Sen. Charles E. Grassley (R-Iowa) called the pace of the legislative process — with Judiciary Committee hearings set for Friday and Monday — a “serious problem.” Rep. Steve King (R-Iowa) suggested to the conservative National Review that caution on immigration is important in light of early speculation that the Boston Marathonbombings might have been carried out by a foreign national with a student visa — speculation that authorities said is not based on any specific finding.

The highly anticipated legislation crafted by the eight Democratic and Republican senators is divided into four sections: border security, immigrant visas, interior enforcement and reforms to nonimmigrant visas (workplace programs).

“We have always welcomed newcomers to the United States and will continue to do so,” reads the introduction. “But in order to qualify for the honor and privilege of eventual citizenship, our laws must be followed.”

The bill states that illegal immigration has, in some cases, become a threat to national security and that strengthening the laws will help improve the nation economically, militarily and ethically.

Aides said Sen. Charles E. Schumer (D-N.Y.) filed the bill after 1:30 a.m. on behalf of himself and his seven colleagues in the working group, known as the “Gang of Eight”: Democrats Robert Menendez (N.J), Richard J. Durbin (Ill.) and Michael F. Bennet (Colo.), and Republicans Lindsey O. Graham (S.C.), John McCain (Ariz.)Marco Rubio (Fla.) and Jeff Flake (Ariz.).

The bill has several major components, including a 13-year pathway to citizenship — predicated on new border-control measures — for up to 11 million immigrants in the country illegally; new visa programs for high- and low-skilled workers; reductions to some categories of family-based visas; and a greater emphasis on employment and education skills.

Lessons from ’07

Read the bill

Gang of 8

Senate immigration proposal

Read the full text of the proposal, with key sections annotated by Washington Post reporters.

Should Congress create a path to citizenship?

Yes
53%

No
47%

CAST YOUR VOTE

Results from an unscientific survey of Washington Post readers

Democrats and immigration advocates, along with some GOP supporters, say they have learned from the failed immigration push in 2007, when a flurry of amendments on border control and a path to citizenship for illegal immigrants helped sink the legislation before it came to the floor for a vote.

Although the 2007 bipartisan legislation had support from President George W. Bush, the effort failed after an amendment to eliminate a new visa program for low-skilled foreign workers after five years was approved by a single vote, angering business groups and costing GOP support. Then-Sen. Barack Obama (D-Ill.), at the time a presidential candidate vying for labor unions’ support, voted in favor of that amendment.

Schumer and McCain briefed President Obama at the White House on Tuesday afternoon.

“One thing he made clear is he wants to have an open process, but he doesn’t want to delay and drag this out because that’s the way bills get killed,” Schumer said. “That’s one of the most important points he made.”

Schumer said the goal is to have the Judiciary Committee open the bill for amendments in early May and get it to the Senate floor by early June. In a statement, Obama urged the Senate “to quickly move this bill forward” and pledged to “do whatever it takes to make sure that comprehensive immigration reform becomes a reality as soon as possible.”

Opponents take aim

Members of the Senate working group have agreed to band together to oppose any amendments of the core provisions.

But conservatives are taking aim, arguing that allowing undocumented workers to remain in the country amounts to “amnesty,” that the border-control steps are not strong enough, that the guest-worker program will undercut Americans at a time of high unemployment, and that the bill will amount to trillions of dollars in new federal costs.

Those factors make immigration reform “a heavy lift,” said Kansas Secretary of State Kris Kobach, a lawyer who helped Arizona draft one of the nation’s strictest immigration laws in 2008. “Twenty million Americans are unemployed or under­employed. At any other normal time, no one would breathe about amnesty.”

But supporters say the political landscape has changed dramatically since 2007. Latinos overwhelmingly supported Obama’s reelection, and GOP leaders have said the party must do more to appeal to them.

Rubio has received tacit support from conservative talk-show hosts Rush Limbaugh and Sean Hannity after promising the tough border-control measures will be in place before undocumented immigrants earn green cards.

“The theory in 2007 was the longer they could draw it out, a populist upsurge would bring down the bill,” said Deepak Bhargava, executive director of the liberal Center for Community Change. “But this time, we’ll match them toe to toe.”


3 Leaked Immigration Reform Details You Need To Know

Posted on by Ruby Powers in citizenship, Immigration Law, Immigration Trends Leave a comment

April 15, 2013

 

After months of negotiations, a group of Democrats and Republicans in the Senate are poised to release a broad immigration reform bill within the next few days.

The bill would create a pathway to citizenship for some of the country’s 11 million undocumented immigrants and earmark billions for border security.

See Also: Border Security Focus Could Backfire for Republican

Although senators working on the bill have stressed that the document still isn’t finalized, some important details have leaked in the past week.

Here’s what you need to know:

1. The Border Security “Trigger” The bill creates a pathway to citizenship for undocumented immigrants who meet certain qualifications, but applicants would need to undergo a 10-year probationary period before being eligible for a green card.

The decade-long wait comes with another caveat: The federal government will need to meet certain border security benchmarks before any undocumented immigrants can receive a green card.

The benchmarks? An operational border security plan, a completed border fence, a mandatory employment verification system across the country and a system to track exits at airports and seaports, according toreports in several news outlets.

The border security plan would require surveillance of 100 percent of the U.S.-Mexico border and 90 percent effectiveness in border enforcement, The New York Times reported.

If those goals are met, immigrants who completed the 10-year waiting period would be eligible to apply for a green card.

2. The Cut-Off Date Of the estimated 11 million undocumented immigrants in the U.S., hundreds of thousands may not be eligible for the path to citizenship being offered by the Senate, the AP reported on Friday.

The bill requires that applicants prove they were in the country before December 31, 2011, the AP reported. That means anyone who arrived after that date would be excluded.

There will be other requirements, too, like proving you have a clean criminal record and that you have enough job stability to stay off welfare. How the bill defines those things — criminality and financial stability — could decide the fate of thousands.

3. More Visas for Workers The majority of immigrants who receive legal permanent residence in the U.S. get their visas because of family ties.

But the Senate bill will add a major new “merit-based” program, The New York Times reported on Thursday.

Here’s what will happen, according to the Times:

Over a 10-year period, the government will seek to clear the backlog of 4.7 million immigrants waiting to come to the U.S.

After that, the bill will create a new, merit-based visa program that will offer legal permanent residence based on work skills.

At the same time, some family-based visas will be eliminated. Siblings of U.S. citizens would no longer be eligible for green cards, the documents that show legal permanent residence.

The exact balance of family visas to employment visas in the Senate proposal isn’t clear, but the bill would focus on bringing in more workers of all skill levels.


Rubio throwing support behind bipartisan immigration bill

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Rubio throwing support behind bipartisan immigration bill

By Vincent Bzdek, Updated: 

Look for Marco Rubio to throw his full support — and star power — behind the bipartisan immigration compromise bill that could be announced in the next several days. The question is, will his support for the far-reaching overhaul of the nation’s immigration system alienate the conservative wing of the party and damage Rubio’s chances at higher office, or will it help cement his position as a leading Republican candidate for the 2016 GOP presidential nomination?

According to Politico, the Republican Florida senator is planning to promote the bill on political talk shows starting this weekend, and will reach out to conservative radio hosts and lobby for the plan on Spanish-language news outlets.

One Senate Democratic aide told Politico Thursday: “In poker terms, he has gone all in.”

Members of the so-called bipartisan “Group of Eight” said they are close to finalizing an agreement on the comprehensive proposal that is expected to include a path to citizenship for 11 million illegal immigrants and could serve as the template for a deal between Congress and the White House.

The Post’s Paul Kane and David Nakamura reported just a couple days ago that Rubio appeared to be cautious about the proposal, anxious for plenty of hearings on the legislation.

“Senator Rubio has said from the outset that we will not rush this process, and that begins at the committee level,” said Alex Conant, Rubio’s spokesman. “The Judiciary Committee must have plenty of time to debate and improve the bipartisan group’s proposal. . . . Senator Rubio will be requesting that his Senate colleagues arrange multiple public hearings on the immigration bill. We believe that the more public scrutiny this legislation receives, the better it will become.”

It now looks as though Rubio wants to own the process now that he is preparing to sign off on the release of the bill this coming Tuesday. Yet he’s also still pushing for more hearings and a slower pace than Democrats and the White House want.

“Obviously, we’ll be informing the public, and we’ll want everyone to know everything that’s in the bill,” Rubio told Politico. “We want everyone to know as much of what’s in the bill as possible, and we will use every opportunity we have to communicate that.”

Many Republicans are unwilling to back any measure that would put illegal immigrants on a path to citizenship, so Rubio’s strategy carries some risks. Some Republicans have expressed openness to some form of legalization that stops short of a citizenship plan, but such a compromise would draw opposition from many Democrats and immigrant advocates.

His ability to bring conservative Republicans on board will be a real test of his leadership skills in the coming days and weeks.

 

 


Immigration reform- Getting there

Posted on by Ruby Powers in citizenship, Immigration Law, pathway to citizenship Leave a comment

“EVERY major policy issue has been resolved,” declared Charles Schumer, one of eight senators seeking to draft a bipartisan bill to reform America’s immigration system. The “Gang of Eight”, he continued, would unveil their proposal in days; it would putter through the Judiciary Committee this month, and reach the Senate floor in May. “We’re on track,” he concluded, in a television interview this week. If he is right, an issue that has dogged American politics for a generation, left 11m people in limbo and steadily undermined the Republican Party’s prospects, is on the verge of resolution.

Not everyone, even within the Gang of Eight, seems quite so confident. Marco Rubio, the group’s most conservative member, says reports of success “are premature”. At least one element of the bill, a scheme to admit agricultural workers on a temporary basis, has proved especially thorny to negotiate. Many Republicans are still averse to any reprieve for America’s 11m illegal immigrants, despite the dreadful showing this stance earned them among Hispanic voters at last year’s elections. But the momentum in favour of reform is clearly building.

Mr Schumer’s crowing was prompted by a deal on visas for low-skilled workers between the two pressure groups to which the gang had delegated the subject: the AFL-CIO, America’s biggest confederation of trade unions, and the United States Chamber of Commerce, which represents business. Bickering on this topic contributed to the collapse of the last big push for immigration reform, in 2007. This time the two sides have agreed on an elaborate formula which would hand out more visas when the economy is strong and fewer when it is weaker. Businesses would benefit from the admission of as many as 200,000 workers a year when times are good (and as few as 20,000 when they are not). The unions, meanwhile, are pleased with wording intended to prevent an influx of new labour from depressing wages or undermining workers’ rights. The main beneficiaries, naturally, would be the visa recipients, who would be allowed to change jobs and apply for permanent residence after a year—as they cannot do now.

The gang’s bill is expected to boost the number of visas for skilled workers too, especially in high-tech fields, and to make it easier for foreign graduates of American universities to settle in America. The senators are also rewriting the rules on the admission of seasonal farm labourers, a job largely filled by illegal immigrants at the moment, thanks in part to the cumbersomeness of the official scheme. They had hoped to win the approval of both growers’ associations and the United Farm Workers (UFW), the biggest agricultural union. But the two sides are at an impasse. The farmers had wanted to adjust the official formula for setting the guest workers’ wages; the union complained that they were trying to suppress wages in general.

Nonetheless, the dispute is unlikely to derail the bill, because the main concern of both sides is not regulating the future flow of new farm workers, but normalising the status of those who are already in America. The country’s 11m “undocumented” immigrants represent a huge pool of recruits for the unions and new hires for business. Although most of them work, their shadowy status exposes employers to legal penalties and the immigrants themselves to exploitation. The Gang of Eight has agreed that their bill will provide these unfortunates not only with some sort of formal legal status, but also with the chance to become citizens eventually.

Just how arduous that process is will be the main point of contention when the bill is unveiled. Republicans have long resisted anything that smacks of amnesty. Democrats, meanwhile, warn against any requirements that are so onerous as to exclude large numbers of the undocumented. The Gang of Eight has already agreed that most illegal immigrants will have to prove that they have worked, pay back taxes and pass both a background check and a test of civics and English, among other requirements, before they can become permanent residents and, eventually, citizens.

The path to citizenship can be long, argues Angela Kelley of the Centre for American Progress, a left-leaning think-tank, as long as it is wide. Many immigrants would struggle to prove their employment history, she notes, since those who hire them are breaking the law and thus tend to avoid much of a paper trail. By the same token, fees or fines that might seem lenient to a middle-class Republican primary voter would be unaffordable for many illegal immigrants. $10,000, for example, would represent over a third of annual household income for half of those in America illegally, according to the Migration Policy Institute, a pro-immigration think-tank.

Another issue bound to provoke debate in the Senate is the policing of America’s borders. The Gang of Eight has agreed that security must get tighter before any illegals can receive green cards (the document conveying permanent residence), to prevent a wave of new immigrants seeking to exploit the reforms. In fact, security on the Mexican border is already fearsome, and unauthorised crossings are at their lowest levels in decades (although the weak economy on the northern side and declining birth rates on the southern one also play a part). Moreover, it is impossible to seal such a long and rugged frontier completely. That leaves Democrats fearful that Republicans will set an unreasonable standard, and Republicans suspicious of a Democratic fudge. A possible solution, suggests Ms Kelley, is to set objective goals, in terms of miles of fencing built, numbers of border-patrol agents deployed, and so on.

Immigration advocates seem confident that these hurdles will be overcome, because the political logic in favour of a deal is so strong. They point to the many Republicans who have moderated their opposition to immigration reform since the elections. Rand Paul, a libertarian senator with a big tea-party following, recently made positive noises. Eric Cantor, the number two in the Republican hierarchy in the House of Representatives, has dropped his opposition to a scheme to give green cards to certain illegal immigrants brought to America as children. The involvement of Mr Rubio, another darling of the tea party, gives the initiative credibility on the right. It is telling that opponents of reform have taken to complaining less about the substance of the proposals and more about the haste with which they are being pursued.

The overwhelming majority of the Senate’s 53 Democrats and two independents are expected to support the reforms, leaving only a handful of Republican votes needed to reach the 60 vote threshold to overcome a filibuster. At the very least, the four Republican members of the Gang of Eight are likely to support their own bill, along with a few other moderates. The mechanics in the House are more complicated: its Republican majority includes many fierce opponents of any leniency towards illegal immigrants. But the Republican leadership, says Jeff Hauser of the AFL-CIO, will not want to be seen as sabotaging the reforms. In the end, he predicts, they will allow a vote on any bill the Senate produces, in the expectation that it will pass mainly with Democratic support. Shepherding an immigration bill through Congress may be a daunting task, but snuffing one out is beginning to look more daunting still.


Former INS Chief Talks Politics of Immigration Reform

Posted on by Ruby Powers in citizenship, Immigration Law, Immigration Trends, pathway to citizenship Leave a comment

BY: KWAME HOLMAN

The fence that stands on the United States-Mexico border in Naco, Ariz. Photo by Jahi Chikwendiu/ The Washington Post via Getty Images.

Doris Meissner sometimes gets accused of taking a pro-Democratic view in her current work as senior fellow at the Migration Policy Institute in Washington, which calls itself an “independent, nonpartisan, nonprofit” analyzer of migration issues worldwide.

But Meissner, a former official in the Clinton administration, ends up talking a lot about politics when the subject is potentially landmark immigration reform legislation now gathering steam in Congress — a plan she said offers more benefits than deficits for the United States.

“This is now an issue of politics. The issues have been out there for a long time. This is an issue of coming to a political meeting of the minds,” Meissner told the NewsHour this week in her office eight blocks from the White House.

The importance of politics in the effort to make fundamental changes to the nation’s immigration policy comes as no surprise to Meissner, whose job it is to understand millions of Latino legal residents and the 11 million undocumented people living in the United States who could gain a path to citizenship under the proposal.

Meissner agrees with the prevailing analysis that Latino voters swung heavily toward President Barack Obama and other Democrats in November in large part because of a perceived anti-immigrant bent of former Gov. Mitt Romney and the Republican Party.

“Those of us working in this field have known for a long time the potential of the Latino vote being a pivotal election-changing vote has always been there,” she said. “But it has been one of those population groups that’s had lower voting rates.”

Polls show that Latino voters were energized by the Democrats’ support for immigration reform and the feeling that Republicans opposed it.

“We’re talking about U.S. citizens. They don’t have a stake in immigration reform in a way that people illegally in the county do, but they do have a stake in immigration reform because they are characterized as bad people in this political fracas, as people who somehow don’t have a right to be here and that has been deeply offensive to Latino voters,” Meissner said.

Meissner — who was commissioner of the Immigration and Naturalization Service (now Immigration and Custom Enforcement) for most of President Bill Clinton’s two terms — said the actions of Latino voters suddenly turned immigration reform from “an issue that had been a complete third rail into the issue that both parties could come together on.”

And Meissner said the swing toward support for immigration reform extends to traditional Republican constituencies, notably in mid-Western and Southern states that have seen substantial increases in Latino immigrant residents in recent years.

“I think what’s going on now in the Christian right and the evangelical world is extraordinarily influential. Because evangelicals and those churches and pastors have taken up this issue of welcoming the stranger and the values in the Bible that believers should be following. They have really embraced this and they are doing very savvy and sophisticated media campaigns in states around the country that are heavily influenced by the evangelical vote, explaining why immigration reform, why citizenship for people who are in the country illegally is consistent with religious belief and the values of those churches,” said Meissner.

Meissner also notes the states immigrants have moved to have seen decreases in their own native populations, leaving many towns to rely on the new immigrants.

“Let’s look just at the pragmatic side of that, which is that the evangelical movement’s fastest-growing group are immigrants and Latino immigrants. So they’re finding this in their own churches, they’re finding in their own congregations people who do not have legal status. And they’re confronting the hardships that that creates in their church community. That’s powerful,” she said.

But even if the political stars seem to continue to align for immigration reform, Meissner can imagine at least two scenarios that could impede the legislation – governors may balk at the costs of applying legal status to millions of undocumented people, or the sheer size of the undertaking.

“It’s the quintessential devil in the details. The sweep of this kind of a bill is enormous. If a bill like this passes, this is going to be a project for our country for the rest of our lifetimes and beyond. This is [a] very substantial set of changes,” she said. “So any of the particular features of it could — because it then involves so many constituencies, so many political interests — could bring it to unravel.”


Goodlatte: House Could Overhaul Immigration in ‘Pieces’

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Legislative Reform Leave a comment

By David M. DruckerPosted at 4:56 p.m. on April 3

Goodlatte040313 445x292 Goodlatte: House Could Overhaul Immigration in Pieces

Goodlatte, the Judiciary chairman, is a key player in the effort to get immigration legislation passed in the House. (Bill Clark/CQ Roll Call File Photo)

Judiciary Chairman Robert W. Goodlatte on Wednesday floated the possibility that the House could eschew a comprehensive approach to overhauling the nation’s immigration system in favor of a step-by-step legislative strategy.

Discussing the matter during an online telecast with Fox News’ Chris Stirewalt, the Virginia Republican appeared committed to most aspects of an immigration overhaul currently being discussed. Goodlatte said legislation must be passed to address the millions of illegal immigrants currently residing in the U.S., fill the need for more high- and low-skilled workers in the high technology and agriculture industries and to upgrade border security.

But Goodlatte, who runs the key committee of jurisdiction in the House for immigration legislation, said Republicans have “definitely left [the] option open” to addressing those and other issues through multiple bills, rather than one comprehensive piece of legislation that includes every component. He praised the bipartisan working groups in the House and Senate that are attempting to reach an agreement on comprehensive legislation.

“Whether we take pieces of this and then put them together later on, or whether we pass something that’s more broad-based remains to be seen, but it’s just going to be what the will of the House will be, this needs to come from the bottom up,” Goodlatte told Stirewalt. “It’s not how fast or slow you go; it’s getting it right.”

 

Goodlatte, who once worked as an immigration attorney, said hearings on the immigration overhaul have been ongoing, as have weekly briefings with members and staff to educate them on the issues.

There has been some speculation that GOP leaders might bypass committee hearings to avoid Democratic attempts to cause Republicans political problems during any extended debate over immigration. But knowledgeable GOP sources maintain that there is virtually no way that strategy would be adopted on an issue as sensitive and potentially explosive as immigration, particularly in light of Speaker John A. Boehner’s guarantee to switch gears from the last Congress and move major legislation through “regular order.”

It’s unclear if all three committees of jurisdiction will get a crack at the eventual immigration legislation or set of bills, but Goodlatte’s Judiciary Committee was described by one GOP sources as a “lock” to exercise oversight of the overhaul.

Goodlatte praised Sen. Marco Rubio, R-Fla., for his demand that the Senate engage in a methodical approach to considering a comprehensive immigration rewrite. Rubio, a member of the bipartisan “gang of eight” that is currently crafting a bill, has urged the majority Democrats to allow the Senate whatever time is required to fully vet and amend the legislation his group produces. Goodlatte suggested that he favors a similar process in the House.

“Marco Rubio is well to say let’s make sure we are completely and carefully examining this. They should do that over in the Senate and hold additional hearings after they have a product. We are definitely going to be doing that in the House,” Goodlatte said. “It’s my hope that we’ll be producing legislation in the House very soon.”


Four key points on why business and labor reached a deal on immigration

Posted on by Ruby Powers in Immigration Law, Legislative Reform Leave a comment

by Sandra Lilley, @sandralilley
2:56 pm on 04/01/2013
The recent agreement between labor and business groups on a guest worker program for low-skilled labor has really carved a space for the Senate to proceed with an immigration reform bill, mainly because it did what no other talks succeeded in doing in years past.
“The agreement is huge,” says Ana Avendaño, Assistant to the President and Director of Immigration and Community Action for the AFL-CIO, the nation’s largest union, which recently reached the agreement with the U.S. Chamber of Commerce. “The momentum is unstoppable; and we have no doubt we are going to have an immigration bill,” adds Avendaño.
Here are four reasons why.
Agreement on visa number increase
“First, what is significant is the way both groups have reached an agreement on how to structure the number of visas,” says Kristian Ramos, Policy Director for the New Policy Institute’s (NPI) 21st Border Initiative. ”In 2007, one of the reasons legislation died is that business had one number and labor had another,” Ramos explained, adding, “the fact they were able to come to terms on numbers was pragmatic, clever and an indication these guys are serious.”
Under the deal proposed by the groups, a “W Visa program” could go into effect on April of 2015, and it would allow employers to petition for lesser-skilled foreign workers for jobs in construction, as well as janitorial or retail services. The program would start at 20,000 visas, then go up to 35,000 the next year, 55,000 the next, 75,000 the following and continue until 200,000.
Independent Bureau to determine immigrant labor needs
A second reason labor and business agreed to this, says AFL-CIO’s Avendaño, is because determining what sector of industry needs additional workers will be determined by a new entity, the Bureau of Immigration and Labor Market Research. This is an independent, non-partisan group of experts, such as demographers and economists, who will study and determine labor needs. ”Congress on the House side is currently responsible for setting the number of visas, and the cap hasn’t changed in more than a decade,” says Ramos.
“Right now we don’t even know who is here on work visas or when people leave,” adds Avendaño. ”This will bring transparency, and it will be scientific – there is a shortage of elder care workers, you address it, same with nannies or other positions,” she adds.
Guest worker visa not limited to one employer
For workers themselves, the third reason is one of the most important. Unlike now, immigrants under this proposed guest worker visa will not be limited to one employer. “This is a huge change; as long as employers held the power, it was impossible for workers to exercise their rights to fair pay or expose worker violations,” says Avendaño. “Portability is a big deal for labor,” adds Ramos. In addition, guest worker wages must be equal to those of U.S. workers, so this will not undercut the wages of current employees.
Workers request own green cards
And last but certainly not least, a fourth component on this deal is that workers will be able to self-petition for a green card after one year, and will not be dependent on employers. ”The creation of an entire new visa system is a significant undertaking,” says Ramos.
For immigration reform advocates such as Frank Sharry, Executive Director of America’s Voice Education Fund, this agreement between labor and business is “a historic breakthrough.”
“This breakthrough significantly increases the likelihood of reform with a new roadmap to citizenship for 11 million immigrants,” said Sharry.


Outrage after ICE officers detain undocumented immigrants bringing their kids to school

Posted on by Ruby Powers in citizenship, DREAM Act, education, Immigration Law Leave a comment

by Alessandra Hickson
1:22 pm on 10/20/2012

Members of the Latino community and immigration activists are calling for the resignation of the director of Immigration and Customs Enforcement in Detroit after officers stopped and detained two undocumented immigrants as they dropped their children off at school.
Both immigrants, from Mexico, were followed by agents from Immigration and Customs Enforcement as they left their homes in southwest Detroit on Tuesday morning. Both men had their children in their vehicles. One of the men, Jorge Hernandez, says he was pulled over by agents in unmarked cars just across the street from his four year-old daughter’s school. He claims he was threatened with arrest in front of his wife and son.
“I was very scared,” said Jorge through an interpreter to The Detroit News. “My children were saying, ‘Don’t take my dad away.’”
Hernandez and his wife went into the Manuel Reyes Vistas Nuevas Head Start Center and stayed there until members of the Alliance for Immigrations Rights & Reform Michigan were able to help them. The other man, Hector Orozco Villa, told immigrant advocates he was detained by agents near the elementary school of two of his children, Cesar Chavez Academy, a few blocks from the Head Start center. Orozco Villa remains in the agency’s custody. Parents and children in the predominantly Latino neighborhood were alarmed by the agents, according to the New York Times.
On Wednesday, more than 100 people from Latino and church groups, including Hernandez and state Rep. Rashida Tlaib, rallied outside the Cesar Chavez Academy on Waterman Street. Demonstrators called for ICE Enforcement Director Rebecca Adducci to resign.
According to The Detroit News, ICE national director John Morton pledged in October 2011 that agents would no longer patrol around schools or stop residents on their way to drop off or pick up their children. Parents and school officials feel that ICE has broken it’s promise.
“It is very alarming to me to have this happen during the rush hour of people taking their children to school,” said Rep. Tlaib to the New York Times. “We are really worried about the impact on these United States citizen children.” Many of the children of both Hernandez and Orozco Villa were born in the United States.
But ICE says they’ve done nothing wrong.
“After a thorough review of facts, the arrest of a priority target today in the Detroit metro area adhered to, and was in full compliance of, the stated policies and procedures of the agency,” said Ross Feinstein, a spokesman for the agency. “This includes ICE policy regarding enforcement actions at or near sensitive locations.”
According to immigration officials, Orozco Villa was arrested because of a criminal conviction in 2008 for driving under the influence and he had also returned to the United States after being formally deported, which is a felony.
For now, immigration activists and Latino residents continue to press for answers and dialogue.


U.S. Border-Enforcement Programs Target Immigrants Who Aren’t a Threat to Anyone Border, Customs and Border Patrol, Department of Homeland Security, Deportation, Detention, Enforcement, Immigration and Customs Enforcement, Undocumented Immigration

Posted on by Ruby Powers in Border Enforcement, citizenship, Deportation, Immigration Law Leave a comment

U.S. Border-Enforcement Programs Target Immigrants Who Aren’t a Threat to Anyone
Border, Customs and Border Patrol, Department of Homeland Security, Deportation, Detention, Enforcement, Immigration and Customs Enforcement, Undocumented Immigration
by Walter Ewing

Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been officially devoted to the protection of U.S. national security and the prevention of terrorist attacks. However, the bulk of the work done by CBP and ICE on a day-to-day basis involves apprehending and deporting non-violent immigrants who have only committed immigration offenses such as unlawful entry or re-entry into the United States. The highly punitive treatment of these immigration offenders serves no national-security purpose and is not an effective deterrent.
These are among the findings of a new report released by the University of Arizona’s Center for Latin American Studies. The report, In the Shadow of the Wall: Family Separation, Immigration Enforcement and Security, is based on data from the Migrant Border Crossing Study. During 2010, 2011, and 2012, a team of researchers from the United States and Mexico conducted survey interviews with 1,113 recent deportees about their experiences crossing the border, being apprehended by U.S. authorities, and being repatriated to Mexico. The surveys yield new insight into the conduct and consequences of U.S. immigration-enforcement programs.
The report highlights the pointlessly inhumane treatment of non-violent immigration offenders in a number of U.S. enforcement programs. But one in particular is Operation Streamline, which is basically a mass trial for border-crossers that convicts between 40 and 80 people per hearing for “illegal entry”—a misdemeanor offense. A group lawyer is provided for defendants, but limited time and the challenge of representing scores of defendants at once have raised concerns about the quality of legal counsel. The ineffectiveness of legal counsel in this setting is apparent from the survey interviews. When asked “What did your lawyer tell you about your rights?” recent deportees answered as follows:
40% said they were instructed to sign the form admitting guilt and not fight the charges against them.
40% were informed that they have legal rights.
7% were told nothing or could not understand what was said to them.
2% were asked to report any abuses against them.
1% were checked for their actual legal status.
No one mentioned the prospect of being paroled while waiting for resolution of an immigration case.
As the report emphasizes, a first offense for unlawful entry carries a maximum six-month sentence. But those who are convicted have a criminal record based solely on an immigration offense that will exclude them from legal residence or entry. If they are apprehended again, they will be charged with a felony for illegal re-entry and sentenced to a maximum two-year sentence. However, upon asking recent deportees what they understood about their sentence, only 71% mentioned that they would face some amount of jail time if they returned to the United States.
Operation Streamline accounts for much of the increase in deportations of “criminal aliens” in recent years, simply because of the rise in immigration offenders whose activities were previously considered administrative offenses. Criminal prosecutions for illegal entry increased from 3,900 cases to 43,700 between Fiscal Year (FY) 2000 and FY 2010. During the same period prosecutions for illegal re-entry increased from 7,900 to 35,800. Roughly 48% of all immigration prosecutions now come from illegal entry and 44% from illegal re-entry.
And yet, despite the harsh consequences, many of the people ensnared by Operation Streamline and other immigration-enforcement programs continue trying to return to the United States because that is where their homes are. As the New York Times noted in a recent discussion of the report:
“…about 60 percent of the respondents said they planned to try crossing the border again in the near future. The reasons were clear: of the 1,113 recently deported migrants who were interviewed at ports of entry and in shelters in six border communities in Mexico, roughly 300 of them had children under the age of 18 who were American citizens.”
The report concludes that border security cannot be achieved by programs that punish non-violent immigration offenders. The authors call for a reexamination of why we as a nation allocate so many resources to imposing criminal sentences and punishments on people with no previous criminal history or who have committed only minor legal infractions. Moreover, we must make distinctions among different categories of criminal offenses and provide relief for people who have criminal histories purely because of immigration violations. Otherwise, we are needlessly destroying the lives and families of people who call the United States home.


Facebook

YouTube

LinkedId